Actual Article
Article 62: Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy
- An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.
- An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.
UPSC Notes for Article 62
Explanation:
- Timely Election: Ensures that the election to fill the office of the President is conducted before the expiration of the current President’s term, ensuring no vacancy.
- Casual Vacancy: If the President’s office becomes vacant due to death, resignation, removal, or any other reason, an election must be held within six months. The elected person will hold office for a full term of five years from the date they assume office.
Key Points:
- Continuity: Ensures there is no prolonged vacancy in the highest constitutional office, maintaining stability and continuity in governance.
- Six-Month Limit: Sets a clear deadline for conducting elections in case of a casual vacancy, ensuring timely succession.
Important Cases and Commissions Related to Article 62
Cases:
- N. A. Palkhivala vs. Union of India (1974): Discussed the importance of timely elections for constitutional positions to maintain governance continuity.
- S.P. Anand vs. H.D. Deve Gowda (1996): Emphasized the importance of adherence to constitutional timelines for elections and appointments.
Commissions:
- Election Commission of India: Plays a crucial role in ensuring timely and fair conduct of presidential elections as mandated by Article 62.
- Constitutional Review Commission (2002): Reviewed provisions related to the election process and the importance of adhering to constitutional timelines.
Important Reports Related to Article 62
- Election Commission Reports: Provide detailed insights into the procedures and timelines for conducting presidential elections, ensuring compliance with constitutional provisions.
- Law Commission Reports: Discuss the implications of timely elections and the legal frameworks necessary to support these processes.
Previous Year Prelims Questions Related to Article 62
- (UPSC Prelims 2016) According to Article 62 of the Indian Constitution, in the event of a vacancy in the office of the President of India due to resignation, the election must be held within:
- A. Three months
- B. Six months
- C. Nine months
- D. One year Correct Answer: B. Six months
- (UPSC Prelims 2019) Which of the following statements is correct regarding the election to fill a vacancy in the office of the President of India?
- A. It must be completed before the expiration of the current President’s term.
- B. It can be held anytime within one year of the vacancy.
- C. It must be held within six months of the occurrence of the vacancy.
- D. The Vice-President acts as President for a full five-year term in case of a vacancy. Correct Answer: C. It must be held within six months of the occurrence of the vacancy.
Previous Year Mains Questions Related to Article 62
- Mains 2017: “Discuss the importance of Article 62 of the Indian Constitution in ensuring the continuity of the office of the President. How does this article prevent a power vacuum in the executive head of state?”
- Mains 2020: “Analyze the constitutional provisions related to the election of the President of India. How does Article 62 ensure a smooth transition and continuity in the highest office of the country?”
Additional Insights:
- Significance of Timely Elections: Timely elections prevent any disruption in the functioning of the executive branch. This ensures the President’s role as the head of state and protector of the Constitution is never left unfulfilled.
- Historical Context: The framers of the Constitution included these provisions to prevent a power vacuum and to ensure that the highest office of the country is always occupied.
- Role of the Election Commission: The Election Commission’s role is pivotal in organizing and conducting elections within the stipulated time frame, ensuring a seamless transition.
Understanding Article 62 is crucial for UPSC aspirants as it highlights the constitutional mechanisms that ensure the continuity of the presidency. This knowledge is essential for both preliminary and main examinations, offering insights into the procedural safeguards that maintain the stability and integrity of the highest constitutional office in India.